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HomeMy WebLinkAboutJANUARY 7, 1974 MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA January 7, 1974 The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers in the-Administration Building in the Borough of Princess Anne, on Monday, January 7, 1974, at 2:00 p.m. The invocation was given by Captain Edward Richardson, Amphibious Base Chapel, Virginia Beach, Virginia. Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and J. Curtis Payne. Councilmen absent: George R. Ferrell and Floyd E. Waterfield, Jr. ITEM #6668 On motion by Coujicilman Gardner, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and J. Curtis Payne Nays: None Absent: Councilmen George R. Ferrell and Floyd E. Waterfield, Jr. City Council approved the Minutes of the regular meeting of December 27, 1973, and dispensed with the reading of said Minutes insofar as each Councilman had a copy of the subject Minutes before him. ITEM #6669 Mr. Richard J. Webbon, City Clerk read the following notice informing Council that the Public Hearing on the acceptance of dedications for the acquisition or location of school sites, park and playgrounds and other public improvements ffov@r@ 7, 1974 Cit@ Council PUBLIC NOTICE Due notice is hereon given that on @ionday, January 7, 1974 at 2:00 p.m. the City Council of the City of Virginia Beach, Virginia will hold a public hearing, in accordance with Section 1S.1- 912 of the Code of Virginia of 1950 as amended, in the City Council chambers, City Administration Building, Princess Anne Station, Vii-ginia Beach, Virginia for the purpose of hearing persons opposed to or in favor of the following proposed amendment to the City Charter Section 2.02 which must be submitted to the General Assembly of Virginia for approval before it may be enacted: The City Council may develop appropriate formulae for collection of fees or acceptance of dedications for the acquisition or location of school sites, parks and playgrounds and other public itnprovements. This fee or dedication may be exacted on all new Tesidential units at the time of application for any-re,;idential building permit. Such Tegulation shall set fOTth and establish reasonable standards to determine the proportionate share of total estimated cost of ultimate public improvements required adequately to serve a related and common area where and if fully developed in accor(I with the adopted comprehensive plan. Published by direction of the City Council. Mrs. Cecily Macdonald spoke in favor of the dedication of school sites, etc. Mr. Ted Schlossman and Mr. Herbert Kramer spoke in opposition to the dedications. On motion by Councilman Gardner, seconded by Councilman Isdell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor ITEM #6669 Mr. Richard J. webbon, City Clerk read the following notice informing Council that the Public Hearing on the acceptance of dedications for the acquisition or location of school sites' park and playgrounds and other public improvements had been duly advertised for the January 7, 1974 City Council Meeting: PUBLIC NOTICE Due notice is hereon given that on lionday, January 7, 1974 at 2:00 p.Tn. the City Council of the City of Virginia Beach, Virginia will hold a public hearing, in accordance with Section 15.1- 912 of the Code of Virginia of 1950 as amended, in the City Council chambers, City Administration Building, Princess Anne Station, Vii-ginia Beach, Virginia for the purpose of hearing persons opposed to or in favor of the following proposed amendment to the City Charter Section 2.02 which must be submitted to the General Assembly of Virginia for approval before it may be enacted: The City Council may develop appropriate formulae for collection of fees or acceptance of dedications for the acquisition or location of school sites, parks and playgrounds and other public improvements. This fee or dedication may be exacted on all new residential units at the time of application for any residential. building permit. Such regulation shall set forth and establish reasonable standards to determine the proportionate share of total estimated cost of ultimate public improvements required adequately to serve a related and common area where and if fully developed in accord with the adopted comprehensive plan. Published by direction of the City (,'ouncil. Mrs. Cecily Macdonald spoke in favor of the dedication of school sites, etc. Mr. Ted Schlossman and Mr. Herbert Kramer spoke in opposition to the dedications. on motion by Councilman Gardner, seconded by Councilman Isdell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and J. Curtis Payne Nays: None Absent: Councilmen George R. Ferrell and Floyd E. Waterfield, Jr. City Council adopted the following Resolution asking that Section 2.02 of the Charter of the City of Virginia Beach be amended by the General Assembly: Requested by: Councilman Charles A. Gardner The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the City on the 7th day of January 1 197 4, at two o'clock P.M. On motion by Mr. Gardner and seconded by Mr. Isdell the following resolution was unamimously adopted: R E S 0 L U T I 0 N WHEREAS, it is the opinion of the City of Virginia Beach that developmental impact within the City is in excess of the availability of municipal services; and WHEREAS, in order to provide the necessary municipal services and to provide orderly growth within each community, the Council of the City of Virginia Beach requests the General Assembly to amend the Charter of the City of Virginia Beach to allow the accomplishment of these goals; and THEREFORE BE IT RESOLVED by the Council of the City of Virginia Beach, Virginia: 1. That Section 2.02 of the.Charter of the City of Virginia Beach, Virginia, be amended by the General Assembly of Virginia by adding the section below to read as follows: The City Council may develop appropriate formulae for collection of fees or acceptance of dedications for the acquisition or location of school sites, parks and playgrounds and other public improvements. This fee or dedication may be exacted on all new residential units at the time of application for any-residential building permit. Such regulation shall set forth and establish reasonable standards to determine the ptoportionate share of total estimated cost of ultimate public improvements required adequately to serve a related and common area where and if fully developed in accord with the adopted comprehensive plan. 2. That a public hearing on the proposed Charter amendments shall be held at 2:00 P.M., on January 7, 1974 pursuant to Settion 15.1-912 of the Code of Virginia of 1950, as amended. 3. The City Clerk is hereby directed to give public notice of such public hearing pursuant to said Section 15.1-912 at least ten days prior to such hearing. ITEM #6670 Mr. Richard J. Webbon, City Clerk, read the following notice informing Council that the Public Hearing on the Advisory Referendum, percentage of voters required had been duly advertised for the January 7, 1974 City Council Meeting: PUBLIC NOTICE Due notice is hereon given that on Monday, January 7, 1974 at 2:00 p.m. the City Council of the City of Virginia Beach, Virginia will hold a public hearing, in accordance with Section 1S.1-912 of the Code of Virginia of 19SO as amended, in the City Council chambers, City Administration Building, Princess Anne Station, Virginia Beach, Virginia for the purpose of hearing persons opposed to or in favor of the following proposed amendment to the City Charter Section 2.02 which must be submitted to the GeneTal Assembly of Virginia foT approval before it may be enacted: The governiiig body of Virginia Beach may by resolution, or, if a petition signed by a number of qualified voters in Virginia Beach equaling twenty five per centum of the votes cast in Virginia Beach at the last presidential election is filed with the City Clerk, shall call for an advisory refer- endum taking the sense of the voters on the question proposed in the resoltition or petition, at the next succeeding regular election. The referendum shall be conducted in accordance with the provisions of S6ction 24.1-165 of the Code of Virginia. Published by direction of the City Counc-il. On motion by Vice Mayor Ervin, secondecl by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, Garland ],. Isdell, D. Murray Malbon, and J. Curtis Payne Nays: None Absent: Councilmen George R. Ferrell and Floyd E. Waterfield, Jr. City Council adopted the following Resolution asking that Section 2.02 of the Charter of the City of Virginia Beach be amended by adding a section: Requested by: Councilman John A. Baum The reqular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the City on the 7th day of January , 1974, at two o'clock P.M. On motion by Mr. Ervin and seconded by Mr. Gardner the following resolution was unamimously adopted: R E S 0 L U T I 0 N WHEREAS, it is the opinion of the City of Virginia Beach that certain questions should be placed on the ballot for purposes of an advisory referendum; and WHEREAS, in order to make this provision, enabling legislation needs to be obtained from the General Assembly by amending the Charter of the City of Virginia Beach to allow the accomplishment of this purpose. THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach, Virginia: 1. That Section 2.02 of the Charter of the City of Virginia Beach, Virginia, be amended by the General Assembly of Virginia by adding the following section: "The governing body of Virginia Beach may by resolution, or, if a petition signed by a number of qualified voters in Virginia Beach equaling twenty five per centum of the votes cast in Virginia Beach at the last presidential election is filed with the City Clerk, shall call for an advisory referendum taking the sense of the voters on the question proposed in the resolution or petition, at the next succeeding regular election. The referendum shall be conducte@i in accordance w4-th the provisions of SS24.1-165 of the Code of Virginia." 2. That a public hearing on the proposed Charter amendments shall be held at 2:00 P.M., on January 7, 1974, pursuant to Section 15.1-912 of the Code of Virginia of 1950, as amended. 3. The City Clerk is hereby directed to give public notice of such public hearing pursuant to said Sectlion 15.1-912 at least ten days prior to such beari.ng. ITE 7-1 Mr. Richard J. Webbon, City Cler'N, e@ d the following notice informing Council tliat the Public Heailng on the proposed amendment to the City Charter to the boiiding limitations: PUBLIC NOTICE Due notice is liereon p,,iven that oii Monday, January 7, 1974, at 2:00 p.m. the City Council of the City i)iz Virginia Beach, 'Virginia, will hold a public hearing, in accordance with Section 15.1-912 of the Code of Virginia of 1950 as amended, in the City Council Chambers, City Administration Building, Princess Anne Station, Virginia Beach, Virginia, for the purpose of hearing persons opposed to or in favor of the following amendment to the City charter which must be submitted to the General Assembly of Virginia for approval before it may be enacted. The following is an informative summary: Section AUTHORITY FOR ISSUAN=F BONDS AND NOTES. The Council may issue bonds and notes in the manner provided by general law, provided that the issuance of bonds shall be authorized by an ordinance adopted by a two-thirds of all members of the Council and provided further that the total indebted- ness of the City as determined in accordance with the pro- visions of Article VII, Section 10 of the Constitution shall not at any time exceed (a) 10 per centum of the assessed valuation of the real estate in the City subject to taxation, as shown by the last preceeding assessment for taxes, or (b) 6 per centum of the total of the app--raised values which were used in determining such assessed valuation. Notwithstanding any other provisions of law for the amendment of charters of municipal corporations, the foregoing, limitations on the amount of indebtedness of the City stiall not be increased until such increase shall have been approved at an election held in accordance with Section 1.5.1-911 of the Code of Virginia. Published by direction of the City Council Mr. G. Powell Davis, a representati.ve of tlie finance committee appeared before City Council and made a brief suminary of their findings. Twenty-eight people spoke in favor of this Charter Change and twelve spoke against the charter change. Delegate Owen B. Pickett informed Council he would attempt to assist the City in the General Assembly, as it was his job to let the rest of the state know of the request of the Council, and he will see that it is done. On motion by Councilman Callis, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. CromwelI, Jr., Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, and J. Curtis Payne Nays: Councilmen Vice Mayor F. Reid li'vin, and Garland L. Isdell. Absent: Councilmen George R. Ferrell and Floyd E. Waterfield, Jr. City Council adopted the following Resolution asking that Section 6.03, 6.04 and 6.05 of the Charter of the City of Virginia Beach be repealed and amended by the General Assembly: The regular meeting of the Council of the City of Virginia Beach Virginia, was held in the Council Chambers of the City on the 7th day of JanuarX $ 19 74 , at two oiclock p.m. On motion by Mx. Callis and seconded by Mr. Gardner@ the following resolution was unanimous y adopted. R E S 0 L U T I 0 N WBEREAS, the Charter of the City of Virginia Beach provides the purpose for which bonds or notes may be issued and provides the authority for issuance of bonds; and WHEREAS, it appears to be in the best interest of the City of Virginia Beach that Sections 6.03, 6.04 and 6.05 be repealed. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach, Virginia; that 1. Sections 6.03, 6.04 and 6.05 of the Charter of the City of Virginia Beach, Virginia,be repealed. 2. The Charter of the City,of Virginia Beach, Virginia, be amended by the General Assembly of Virginia to read as follows: Section AUTHORITY FOR ISSUANCE OF BONDS AND NOTES. The Council matissue bonds and notes in the manner provided by general law, provided that the issuance of bonds shall be authorized by an ordinance adopted by a two-thirds of all members of the Council and provided further that the total indebtedness of the City as determined in accordance with the provisions of Article VII, Section 10 of the Constitution shall not at any time exceed (a) 10 per centum of the assessed valilation of the real estate in the City subject to taxation, as shown by the last preceeding assessment for taxes, or (b) 6 per centum of the total of the appraised values which were used in determining such assessed valuation. Notwithstanding any other provisions of law for the amendment of charters of municipal corporations, the fore@oing limitations on the amount of indebtedness of the City shaly not be increased until such increase shall 'iave been approved at an election held in accor- dance with Section 15.1-911. of -L'ile (@ode of Vir@inia. 3. A public hearing on the propose(I Charter amendments shall be held at 2:00 P.M., on January 7, 1974, plirsuant to Section 15.1-912 of the Code of Virainia of 1950, as amended, 4. The City Clerk is hereby directed to give public notice of such public hearing pursuant to Section 15.1-912 at least ten days prior to such hearing. ITEM #6672 Petition of Jonathan R. Sanderlin for a change of zoning district classification from R-6 Residential District to B-2 Community Business District on certain prop- erty located at the southwest corner of Kempsville Road and Providence Road. Run- ning a distance of 1190 feet more or less along the west side of Kempsville Road; fTom there running a distance of 432 feet more or less in a northwesterly direction from Kempsville Road; from there running a distance of 290 feet more or less in a westerly direction; from there running a distaiice of 280 feet more or less in a northwesterly direction; from there running a distance of 1080 feet more or less in a northeasterly direction to the south side of Providence Road; from there run- ning a distance of 860 feet more or less in a 5;outheasterly direction along the south side of Providence Road. Said parcel contains 25 acres more or less. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission to approve this change of zoning nptition subiect to City reqiiirements. Petition of JOnathan R. Sanderlin for a change of zoning district classification from R-6 Reside@itial District to B-1 Residence Business on certain property begin- ning 860 feet more or less from tlie southwest (.-orner of Kempsville Road and Provi- dence Road running 1080 feet more or less in a southwesterly direction from Provi- dence Road; from there running 440 feet more or less in a northwesterly direction; from there running along a curve to the riglit cf length approximately 400 feet and of radius 400 feet more or less; from there running 460 feet more or less in a northeasterly direction to the south side of Pi-ovidence Road; from there running 620 feet more or less in a southeasterly direction along the south side of Provi- dence Road. Said parcel contains 10 acres mor( or less. KEMPSVILLE BOROUGH. Planning Commission Recommend@itions: A motion was passed by the Planning Commission to approve t his change of zoning petition subject to City requirements. Petition of Jonathan R. Sanderlin for a change of zoning district classification from R-6 Residential District to A-2 Apartment District on certain property begin- ning 1480 fect more or less from the southwest corner of Kempsville Road and Provi- dence Road running 460 feet inore or less in a @;outhwesterly direction from Provi- dence Road from there running along a curve to Lhe left of length approximately 400 feet and a radius 400 fe(.@t more or less from tliere runniiig 360 feet more or less in a southeasterly direction; f-rom tl)ere runniiig ;.SO fect mc)re or less in a southwes- terly direction; from there running 280 feet m,)re or less in a northwesterly direc- tion; from there running 370 feet more or lessi froir, there running 260 feet more or less in a northerly direction; from there runn ng 200 fect more or less in a northeasterly direction; from there running 200 feet niore or less in a northerly direction; from there running 510 feet more or less in a northeasterly direction to the south side of Providence Road; from therf@ @'unning 655 feet more or less in a southeasterly direction ,i.long the soutli side o-- Providerice Road. Said parcel con- tains 15.5 acres more or less. KE.NIPSVILLE Planning Commission Reconmendation: A motion was passed by the Planning Commission to modify this change of zoning petition from A-2 Apartment District to A-1 Ap@irtment subject to City requi.rements. Petition of Jonathan R. Sanderlin for a change of zoning district classification from R-6 Residential District to A-1 Apartment District on certain property begin- ning 1190 feet more or less from the southwest corner Df Kempsville Road and Providence Road; from there running 830 feet iii(,re or less in a southwesterly direc- tion along the west sidc of Kempsville Road; fi-om there running along a curve to the right of length approxirr,.ately 500 feet and of radius 1100 feet more or less; from there running 740 foe!t i@-iore c)r less in a ,outhwesterly direction; from there ri.mning 670 feet more or less in a northerly direction; from there running 350 feet more or less in an eas"orly direction; fr(,m tliere running 190 feet in a northerly direction; from there running 300 fe(,t in a northeasterly direction; from there runni.ng 210 feet niore or less in a iortherly direction; from there running 180 feet more or less i-@i an casterly direction; from there running 70 feet more or less in a northerly direction; from th(z,e running 350 feet more or less in an easterly direction; from there 360 feet riore or less in a southerly direc- tion; from there 290 feet more or less in a southeasterly direction; from there 432 feet more or less in a southeasterly direction to the west side of Kempsville Road. Said parcel contains 33.3 acres. KEMPS%ILLE BOROUGH. Planning Commission Recommondation: A motion was passed by the Plaiining Commission to approve this change of zoning etition sub@ Petition of Jonathan R. Sanderlin for a change of zoning district classification from R-6 Residential District to R-9 Residential Townhouse District on certain property beginning 350 feet more or less north of the intersection of Whitehurst Landing Road and Kempsville Road; running 1330 feet more or less along the east side of Whitehurst Laiiding Road in a northerly direction; from there running 792 feet more or less in an easterly direction from ivhitehurst LaTiding Road; from there running 35 feet more or less in a northerly direction; from there running 220 feet more or less in an easterly direction; from there running 670 feet more or less in a soutlierly direction; from there running in a southwesterly direction along a curve to the left of length approximately 1080 feet and of radius 1400 feet more or less; from there 60 feet more oi less in a westerly direction to the east sidc of Whitchurst Landing Road. Said l@arcel contains 17.5 acres more or less. KEMPSVILLE BOROLIGH. Planning Commission Recommendation: A motion was passed by the Planning Commissic)ii to approve this change of zoning petition subject to City requirements. Petition of Jonathan R. Sanderlin for a change of zoning district classif@cation from R-8 Residential District to R-6 Residential District on certain property beginning at a point 3SO feet more or less north of the intersection of White- hurst Landing Road and Kempsville Road, runniiig a distance of 1326 feet along the west side of Whitehurst Landing Road, running a distance of 784.3 feet along the northern property line, running a distance of 1356.6 feet along the western prop- erty line and running a distance of 1184.2 fe(@t along the southern property line. Said parcel contains 28.5 acres. (Haven Estates-Bellamy Manor-Stratford Chase- Acredale Areas). KEMPSVILLF BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commissio.,i to approve this change of zoning petition subject to City requirements. For the information of the applicant, the (,@ty requirernents in connection with Petitions I tlirr),Agh 6 are as follows: 1. Site and subdivisi,)Ti ii-nprovements and dedication will be required in accordance wit., tl,.e Site Plan and Subd*lviEion Ordinances (Engineering) 2. It will be the responsibility of the developer of this project to design and construct the ultirnat(@ cirainage culvert un(ler Providence Road. If this section of Providerice R()ad is constru(@ted prior to the development of this project, the City of Virginia Beach will install the culvert under Pr,,id,nce Rpad and the developer will rcimburse th@, City of Virginia Beach for the cost of said culvert. (1@ngineerii-,g) 3. The culverts undcr Balfor I)rivc and Beaumont Drive in the Fairfield Subdivision are to be appropriately increa@ed in size by the developer of Sanderlin Farrn to hdndle any additional runoff created froin this project. (Engineering). 4. The developer of i@I)is project is to contruct a standard f,ur-lane divided highway including sidewalks, curb, gu@lter ani storm drains as necessary for that portion of the relocatecl section of Kcml)sville Road traversing this project. (Engineering). 5. Water and sewer agreements are required. (Public Utilities). 6. City water and se@ver are required. (Ilealth). 7. Developer rnust subntit a detailed open space and recreation plan and the requirernents of the CZO must b,?, me,.t. (Parks and Recreation). 8. It is recomrnended that the applicant b(@ required to participate in school site purchase in an arnouiit to be dete,rnin,-d wh,n building permits are issued. The School Board wc)uld like to enter into iiegotiations with the applicant for the reservation of a school site. Such res @rvation would substitute for partici- pation in school sitc purcl@ase. 9. Dedicatioii of riglit of way 45 feet from the centerline of the existing right of way along the 2020-foot iyiore or less fr,)ntage on Kempsville Road. (Real Estate). 10. Dedication of ri@l,ht of way 45 feet frorr@ the (@enterline of the existing 30- foot right of @vay alaii,, the 1326-foot niore )r less frontage on the West side of Whitehurst Landing Road. (Real Estate). 11. Dedication of right of way 45 f(@et froni the centerline of the ,i,ting 30- foot right of way along the 1329-foot more )r less frontage on the East side of Whitehurst Landing Road. (Real Estate). 12. Dedication of right of way 90 feet in width for the relocation of Kempsville Road. (All of the reciiiirements are shown on the petitions). (Real Estate). Mr. Calvin Spain, Attorney, represented the applicant. Mr. Douglas Talbot, Talbot and Wermers Associates, appeared on behalf of the applicant. Doctor Marshall Morrison appeared requesting the application be heard. Mr. Grover C. Wright, Attorney, appeare(I in opposition to the above application. On motion by Councilman Callis, seconde(i by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr. Clarence A. Holland, D. Murray Malbon, and J. Curtis Payne Nays: Councilmen John A. Baum, Vice Mavor F. Reid Ervin, Charles W. Gardner, and Garland L. Isdell Absent: Councilmen George R. Ferrell and Floyd E. Waterfield, Jr. City Council voted to permit withdrawal by the applicant, Jonathan R. Sanderlin, of an application for Changes of Zoning District Classifications, of the following described properties as set forth hereinafter as Numbers 1 through 6, said items all being parts of one basic application for rezoning, presented by the said Jonathan R. Sanderlin: 1. From R-6 Residential District to B-2 Community Business District on certain property located at the southwest corner of Kempsville Road and Provi.d.ence Road. Running a distance of 1190 feet more or less along the west side of Kempsville Road; from there running a distance of 432 feet more or less in a northwesterly direction from Kempsville Road; from there running a distance of 290 feet more or less in a westerly direction; from there running a distance of 280 feet more or less in a northeasterly direction to the south side of Providence Road; from there running a distance of 860 feet more or less in a southeasterly direction along the south side of Providence Road. Said parcel contains 2S acres more or less. Kempsville Borough 2. From R-6 Residential District to B-1 Residence Business on certain property b'eginning 860 feet more or less from the southwest corner of Kempsville Road and Providence Road running 1080 feet more or less in a southwesterly direction from Provi- dence Road; from there runnitig 440 feet more or less in a north- westerly direction; from there running along a curve to the right of length approximately 400 feet and of radius of 400 feet more or less; from there running 460 feet more or less in a northeasterly direction to the south side of Providence Road; from there running 620 feet more or less in a southeasterly direction along the south side of Providence Road. Said parcel contains 10 acres more or less. Kempsville Borough 3. From R-6 Residential District to A-2 Apartment District on certain property beginning 1480 feet more or less from the southwest corner of Kempsville Road and Providence Road running 460 feet more or less in a southwesterly direction from Providence Road, running along a curve to the left of length approximately 400 feet and a radius 400 feet more or less, running 360 feet more or less in a southeasterly direction; rtinning 3SO feet more or less in a southwesterly direction, running 280 feet more or less in a north- westerly direction, running 370 feet more or less, running 260 feet more or less in a northerly direction, ranning 200 feet more or less in a northeasterly direction, running 200 feet more or less in a northerly direction, running 510 feet inore or less in a northeasterly direction to the south side of Providence Road, running 6SS feet more or less in a southeasterly direction along the south side of Providence Road. Said parcel contains IS.5 acres more or less. Kempsville Borough. 4. From R-6 Residential District to A-1 Apartment District on certain property beginning 1190 feet more or less from the southwest corner of Kempsville Road and Providence Road. Running 830 feet more or less in a southwesterly direction along the west side of Kempsville Road, running along a curve to the right of length approximately SOO feet and of radius 11-00 feet more or less, running 740 feet more or less in a southwesterly direction, running 670 feet more or less in a northerly direction, running 350 feet more or less in an easterly direction, running 190 feet in a northerly direction, running 300 feet in a northeasterly direction, running 210 feet more or less in a northerly direction, running 180 feet more or less in an easterly direction, running 70 feet more or less in a northerly direction, running 350 feet more or less in an easterly direction, running 360 feet more or less in a southerly direction, running 290 feet more or less in a southeasterly direction, and running 432 feet more or less in a southeasterly direction to the west side of Kempsville Road. Said parcel contains 33.3 acres. Kempsville Borough. S. From R-6 Residential District to R-9 Residential Town- house District on certai.n property beginning 350 feet more or less north of the intersection of Whitehurst Landing Road and Kempsville Road, running 1330 feet more or less along the east side of Whitehurst Landing Road in a northerly direction, running 792 feet more or less in an easterly direction from Whitehurst Landing Road, running 35 feet more or less in a northerly direction, running 220 feet more or less in an easterly direction, running 670 feet more or less in a southerly direction, running in a southwesterly direction along a curve to the left of length approximately 1080 feet and of radius 1400 feet more or less, from there 60 feet more or less in a westerly direction to the east side of Whitehurst Landing Road. Said parcel contains 17.5 acres more or less. Kempsville Borough. 6. From R-8 Residential District @lo R-6 Residential District on certain property beginning at a point 350 feet More or less north of the intersection o' Whitehurst Landing Road and Kempsville Road, running a distance of 1326 feet along the west side of Whitehurst Landing Road, running a distance of 784.3 feet along the northern property line, running a distance of 13S6.6 feet along the western propertv line and running a distance of 1184.2 feet along the southern property litie. Said parcel contains 28.5 acres. (Haven Estates-Bellamy Manor-Stratford Chase-Acredale Areas). Kempsville Borough ITE@4 #667@4 Petition of Grier Johnson for a Chanqe of Zoninq District Classification from B-2 Community Business District (former-ly M--I 3) to'A-1 Apartment District (formerly R-M) on certain property 465 feet more or less East of Washington Avenue and runn- ing a distance of 677.63 feet along the Southern property line of which 409.75 feet is the Northern right of way of Holland Road, running a distance of 861.53 feet along the Eastern property line, running a distance of 787.74 feet along the Northern property line and running a distance of 880.55 feet along the Western property line. Said parcel contains 12.4 acres. (Pecan Gardens Area). PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission for approval of a change of zoning to A-1 Apartment District, formerly R-M. The original application included a use permit for 152 apartment units on 12.4 acres. The motion by the Planning Commiss- ion modified 'Lhis request to 149 apartment units, or 12 apartment units. Action by the Council on the use permit will not be necessary as the A-1 Apartment District will allow 12 apartment units per acre as a principal use. The motion for approval was subject to the following requirements of the City administrative agencies: 1. The applicant shall provide a 200-foot right turn for westbound traffic on Holland Road. (Planning) 2. Twenty-ninth Street shall be extended through the project to tie with the north-south collector. (Planning) 3. The applicant shall provide a landscape plan with the engineering site plan for approval; said plan shall include buffering of all parking areas. (Planning) 4. Standard site plan requirements to include: a. Pavement widening, sidewalks, curb and gutter and storm drains as nec- essary along Holland Road. b. Ditch along viest property line shall be piped. c. Standard 30-foot street shall be provided in the public right of way running north-south. d. A drainage easement i.,,Iong the canal as required by the Department of Comunity Services. (Engineering) 5. Projected 16 inch water line on Holland Road by 1975-76; at present water on Rosemont Road and Holland Road; sewer by private utility. (Public Utilities) 6. City water and sewer required. (Health D6partment) 7. Motion deleted playground equipment and swimming pool specifically re- quested by Parks and Recreation and aor)liranl- agreed to 15% open space. 8. Applicant shall participate in school site purchase in the amount of $8702.48; this figure is based on the request @or 24 one-bedroom, 100 two-bedroom, and 28 three-bedroom apartments and may be adjusted at the time the building permit is issued to reflect any changes. (School Board) Councilman Gardner made a motion, seconded by Councilman Isdell, to deny the above ai)plication of Grier Johnson. The recorded vote is as follows: Ayes: Vice Mayor F. Reid Ervin, Councilmen Charles W. Gardner, and Garland L. Isdell Nays: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Clarence A. Holland, D. Murray Malbon, and J. Curtis Pavne Absent: Councilmen George R. Ferrell and Floyd E. Waterfield, J-r. The motion for denial was lost. T'F F,@ M 4 6 6 - -,-, t a) Coiincilman Payne made a motion., seconded by (@ouncilman Holland, to approve the above pet@.Ili(,)ji of (,ric,,r Tohrson. The recorded vote is as follows: A)res : Councilmen ii, "'a. @,s , ,!j Rol,ert B. Cromwe'll, f'[,Il ancl, ari(i 1. Curtis Payf,c. 'JavF-, : I Vice Ma),ol- e, I W aiicl (-,al-laiid @kb-,;eiit CnLincj.l!ii,, I C@ity (:ounc@ll apliic)v@@, @;i Gri @r@ ,@,Dlinsoii fct @i @l@ Croni B -' (-,oilir,[uri t@ t s @n V @l 8. Applicant shall participate in school site purchase in the amount of $8702.48; this figijre is based on the request for 24 One-bedroom, 100 two-bedroom, and 28 three-bedroom apartments and may be adjusted at the time the building permit is issued to reflect any changes. (School Board) 9. Site plan review; street must be located to tie Grier Johnson and Pecan Gardens into the City property. ITEM #6674 Petition of Harvey W. and Mevelyn B. Ginn by Evan McCorkle, Jr., for a Change of Zoninq District Classification from R-7 Residential District and A-1 A ar@ent- DistricT to-B-4 esort Commercial District on certain property beginning at a point 63 feet more or less West of Cyp,ess Avenue and running a distance of 150 feet along the Northern property line of which 60 feet is the South side of Norfolk Avenue, running a distance of 200 feet along the Western property line, running a distance of 150 feet along the Southern p-operty line of which 30 feet is North side of 10th Street, and running a distance of 186 feet along the Eastern property line. Said parcel is known as Lots 6, 8, 9, 10, 12, and 14, Block 52, Plat of Shadow Lawn Heights and contains 17,000 square feet more or less. (Shadow Lawn Heights Area). VIRGINIA BEACH BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission for denial of this request as the residents of the area opposed this zoning change stating that this proposal is an encroachment into a single family r('.sidential area. Mr. Andrew Fine, Attorney, represented the applicant. Mrs. Betty Ackiss, representing the Shadowlawn Heights Civic League, appeared in opposition to the above application. On motion by Councilman Callis, seconde(I by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert @i. Callis, Jr., Mayor Robert B. Cromwell, Jr. , l[ic@ ?4a,7 n- F. Reid Ervin, Charles W. I Gardner, Clarence A. Holland, Ga-.rland L. Isdell, D. Murray Malbon, and J. Curtis PayT)e Nays: None Absent: Councilmen George R. Ferrell and Floyd E. Waterfield, Jr. City Council denied the above petition of Harvey W. and Mevelyn B. Ginn by Evan McCorkle, Jr., for a Chan e of 'on in Dis tric t Classif- p tme ication from R-7 Residential District A-1 A ar .t Di @t.,ict to -4 Resort Commercial District on certain property beginning at a point 63 feet more or less West of Cypress Avenue and running a distance of 150 feet along the Northern property line of which 60 feet is the South side of Norfolk Avenue, running a distance of 200 feet along the Western property line, running a distance of 150 feet along the Southern property line of which 30 feet is North side of 10th Street, and running a distance of 186 feet along the Eastern property line. Said parcel is known as Lots 6, 8, 9, 10, 12, and 14, Block 52, Plat of Shadow Lawn Heights and contains 17,000 square feet more or less. (Shadow Lawn Heights Area). Virginia Beach Borough. The application was denied as the residents of the area opposed this zoning change and it is an encroachment into a single family residential area. TTEM #6675 Petition of Acorn Enterprises for a Chanqe of Zoninq District Classification from R-8 Residential District (formerly R-D@2 fo-I-I-Lig t industria District formerly M-1 2) on certain property beginning at a point 500 feet more or less North of Baxter Road and running a distance of 567.35 feet along the Northern property line of which 198.35 feet is the South side of Sonney Road, running a distance of 723.8 feet along the Western property line (Virginia Electric and Power Co. Right of Way), running a distance of 394.7 feet along the Southern property line and running a distance of 584.86 feet along the Eastern property line. Said parcel-contains 4.076 acres. (Bonney View Mobile Homes Area). KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission for approval of this request to I-1 Light Industrial District (formerly M-I 2) subject to the following requirements of the City administrative agencies: 1. Standard site plan requirements to include: a. Sidewalks, curb, gutter, pavement widening and storm drainage as nec- essary along frontage on Bonney Road. b. A 25-foot utility easement is required along the 723.8 feet of the southwestern property line. (Engineering) 2. Six-inch water line located on Bonney Read; no gravity sewer; pump station and 2600-foot plus or minus extensions required for sewer; extension of water and sewer systems to be compatible with area Plin. (Public Utilities) 3. Dedication of right of way 30 feet from the centerline of the existing 30-foot right of way along the 198.35-foot more or less frontage on Bonney Road (15-foot dedication). (Real Estate) 4@. City water and sewer. (Health) Mr. Freeman appeared before Coi.inci..l rcqttesting a 60 day deferral On motion by Councilman Isdell, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert @l. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holl.aT)d, (,arland I,. Isdell, D. Murray Malbon, and J. Curtis Payne Nays: None Absent: Councilmen George R. Ferrell and Floyd E. Waterfield, Jr. City Council deferred for sixty (60) days the above petition of Acorn Enterprises for a ChanQe of Zoning District Classification from R-8 Residential Dis ict (formerly R-D 2) to I-1 Light Industrial District (foriflerly M-1 2) on certain property beginning at a point 500 feet more or less North of Baxter Road and running a distance of 567.35 feet along the Northern property line of which 198.35 feet is the South side of Bonney Road, running a distance of 723.8 feet along the Western property line (Virginia Electric and Power Company right of way), running a distance of 394.7 feet along the Southern property line and running a distance of 584.86 feet along the Eastern property line. Said parcel contains 4.076 acres. (Bonney View Mobile Homes Area). Kempsville Borough. TTEM #6676 On motion by Councilman Gardner, seconded by Councilman Callis, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert 11. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, J. Curtis Payne Nays: None Absent: Councilmen Geoyge R. Ferrell and Floyd E. Waterfield, Jr. City Council approved the following Ordinance to amend and reordain Section 18-21 of the Code of the City of Virginia Beach relating to health permits requirements of sellers of ice cream, confectioneries, sandwiches and beverages: Requested by: Virginia Beach Jiealth Department AN ORDINANCE TO AMEND AND REORDAIN SECTION 18-21 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO HEALTH PERNITS REQUIREMENT OF SELLERS OF ICE CREAN, CONFECTIONERIES, SANDWICHES AND BEVERAGES BE IT ORDAINED BY TB.E COUNGIL OF THE CITY OF VIRGINIA BEACH$ VIRGINIA: That Section 18-21 of the Code of the City of Virginia Beach, Virginia is amended and reordained to read as follows: Each person selling or dispensing other than pre-packaged ice cream, ice confectioneries, sand- wiches and beverages on an,'r ,;treet or ptiblic way shall have a valid ctirrp-nt food establishment permit and food handlers health card secured from the Public Health Department. An emergency exists and this ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach on the 7th day of January 1974. )B:er I l@,@ . .@ I I City Council deferred for one week the following Street Closure of Winston-Salem Avenue in the Virginia Beach Borough: AN ORDIMNCE CLOSING, VACATING AND DISCO.'\71i\UING A FIFIY FOOT @,T LOCATF,.D IN VIRCINIA BF)KCH BOPOUGH, OF TflE CITY OF VIRGINIA BL-@CH, VIPGINIA WHEREAS, p-roper notice that Stanley S. Howard would make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter described fifty foot street closed, vacated and discontinued was duly posted; and application was made to the-City Planning Comdssion and to the City Council, and, pursuant to the statutes in such cases made and provided, the Council appointed Viei%,ers who have reported to the Gouncil that no incmvenience would result to the public or to p-rivate individuals from such closing, vacating and discontinuance-; and ' 'A , it is the judgment of the Council that the said street should be closed, vacated and discmtinued; NOW, NMFORE, BE IT ORDAINED BY THE COLT.NCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1: That the said fifty f6ot street described belo%@ located in the Virginia Beach Borough of the City of Virginia Beach, Virain;-@, is hereby closed, vacated and discontinued, said street not being needed for public use: ALL that certain fifty foot street, being all that portion of Winston Salem Avenue lying bet-.t@een the westerly line of @lediter-ranean Avenue and the waters of Lake Rudee, as shoi%,n upm the plat of @adcn,ilaim Heights, of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Nlap Book 7, at Page 14. Said property is more particularly described as follows: All that certain lot, pibce or parcel of land, lying, situate and 'Dcip,@l, in tl,,o Pcach 13oroti,@h of thc City of Irirgini-a Beacli, Vi-r@ia, beina known, bounded and described as folloivs: That certain piece or parcel of land being shoi%m as a portion of ivinston Salem Avenue on tlic @lap of Shadoiilaivn Hei@hts, 'which map is duly of record in @Tap Book 7 at Page 14, in the Office of tlie Clerk of t@e CircLiit Court of the City of ITi-r@inia Reich, Virginia, and jwre particularly dcscribcd as bounded on the North by the southern bolmdai-y line of Block 31, as slioi,,-ii on tlie plat aforesaid, on the East by tlic i@estem riglit of ivay line of @leditcrraneqn Avenue as shoivn on the plat aforesaid, on the South by tJ,,e northerly property line of Lots 9 and 10 i-n Block 30, on the inip aforosaid @inli oti the l@cst by tlie nicaii loi-i %@,itcr line of 1.@o Pudoe, tlie said gi,,tnt tliat of tl,c. fec in tliitportion of lviiistoii @l,,ilciii %i@ciitic @lfoi-c,;aid, l@ilicli f@, was rcscnod iiiito tlie Florida L@velOPT,,Ient Corlior;itlon 1))- iiotos on tlic map aforcsziid. S@ction 2., That thirty (30) days after this date a copy of this Ordinance, @ertl:fi@d by the Clerk, be spread upon the public records in the Cl erk's Office of the Circuit Court of this City and indexed in a like mamer as a deed of lands. IILM @vvlo On motion by Councilman Holland, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and J. Curtis Payne. Nays: None Absent: Councilmen George R. Ferrell and Floyd E. Waterfield, Jr. City Council approved the appointment of viewers relative to closing portions of Potomac, Cleveland, Lafayette, Fifth and Sixth Streets in the Bayside Borough: OIIDINAI%ICE APPOIr'fING VIPlliMS WRL'@2@S, T. G. CBRISTOPOLO'LJS qas given due and proper notice, in accordance wilh the statutes for such ,ases made and provided, that they will, on this day, apply to thecity Council of the City of Virginia Beach, Virginia, for @he appoin@ment of Viewe@s to v3-,w the beloi, described property and 2,@I)ort in l@iting to the (@ounc@il whether, in the opinion of said Viewers, any, and if any, @,hat', inconvenience would result from the discontinuine, @f ti- hereinafter descr@bd ,treets or sections thereof, and has filed r3uch appl:ication with the said Council; N@i, tlif-,refc)re, J3E IT ORDAIN&) BY THE COUNCIL OF TIE CITY OF VIRGINTA B@CH, VIliGINTA, That, Mr. George L. Hanbury, Mr. William W. Fleming and Mr. Charles C. Carrington are hereby appointed to view the belo@q described property and renort in writirig, to the Co@,incil on or befor@ I l@, whether in ti@i.r @,iiion any, and if ayV, inconvenience would resull from the @i.scontir-iiin-, closi.ng and va,,atini,, of certain streets or sections thereof loca@@c,@; i.ii tli(,. BIyside Boroiz,,,@@ of tlie City of Virginia Beach, Virginia, and Tore rarti--iiiarly dc,,-ciii)cd a,,; fo2,1@,rs: All @hosc r(,@-ta:-n streets or @,,ections thereof, s!Luate in the Daysi-(3c Boroii,,h of th(, Cj-!,y uf Virginia Beach, Virginia, as on two plats one (@ntL@@-led "Sunnybrook, Princess Anne (1@ointy, Virl,,,inia, owned t)y Sunny Brook, Inc., dated Decc@:-,iber, 1916, recorded at the Clerk's Office of '@-he Circuit Cu'art of the Cl@ty of Vi-rginia @-caci@, Virginia, in Map Book 5, i , ei after refe-red to as Plat t, @nd the other -101, hor n entit,led "ProD---ty Dedi-cation for Colmbus Street" made by the [)c,,ja@trent of Co@muni-@Iv of the C!-ty of Virginia I Beach, ate,] November 2,'@, '.If(!, recc)rded the C.1-ccl,'s Qffice aforesaid in 14,tp Book (@l', at page 33, h(,rein@ifter referred to as Plat B, more ptii,ticulal-ly described as follo,,Is, with -@-l'.,,renc- ',) ti'(.' plat,, c-@'oresaid: (1) section of Potomac Street beginning at the east si,(-,'e o.1- Foiirth Street, a@ shown on Plat A, and extending west,,rardly -clo @ho west s@.do of relocated Colwnbus Street, noi., @@illed ColumbLa Strc,,et ,hc),wn on Plat B, I KELLAM, (2) T@all- r@ection of Clevelar@ Street beginning at the i@est PICKRELL side of Lot 81 Block 40, sl-,uwii on Plal A, and ex- & LAWLER t--n(,@.in -@!--,@t,lardly to ',,h,@ we-,t side of relocated Columbus A-...@'. A@ L.. ,s slio,,in on P.Lat 13 N I (3) That section of Lafayette Street beginning at the east side of 4th Street, as shown on Plat A, and extending westwardly to the west side of relocated Columbus Street, r,s sli@m on Plat B, (4) Tliat sect',-on of Fifth Strcet beginni'ng at the south S4de of Virginia Beacii Bouleva-d as shown on PlatA ancl B and --xtending southwardly to the north side of Lafayette Street as shown on Plats A and B, (5) T@,iat section of six-@h street beginning at the south side o@- Virginia Beacli Boulevard as shown on Plat, extending south@iar(@ly to l@',e north f,,:Lde of Po,tomac Street, as shown on Plats A and B I I (U') Tha@, s--c-@ion of Sixth Street beginning at the south side of Potomac Street, as sh,)wn on Plats A and B extending soul-l,.@7ardiy to the north side of Cleveland Street as on Plats A and B, (7) Tliat soction of Si,,@th Strect legi-nning at the south side of C]-eveland Street, as 31iown on Pl,ats A and B, extending southwardly to tlie ilorth side of Columbus Stre--t, aS sh(Di,Tn on P2,a-s A and B, (,3) -'Ia@ section of Sixth St,reet beginiiing at the south side of Stre(@t, a@ sh(l@in on Plats A and B, extending to tl,,e nc,,rth slde of Laf-iyette Street, as @hc,,@n on Plgt l@, Ki A M, ,KRELL LAWLER .1@ . Al LAW .R..IL NORFO K.VA. (6) That section of Sixth Street beginning at the south side of Potomac Street, as shown on Plats A and B extending southwardly to the north side of Cleveland Street as shown on Plats A and B. (7) That section of Sixth Street beginning at the south side of Cleveland Street, as shown on Plats A and B, extending southwardly to the north side of Columbus Street, as shown on Plats A and B, (8) That section of Sixth Street beginning at the south side of Columbus Street, as shown on Plats A and B, extendiag southwardly to the north side of Lafayette Street, as shown on Plat A. 2. That Petitioner, T. G. Christopolous, is fee simple owner of all the parcels abutting said streets with one exception : (1) the property on the south side of Lafayette Street, as shown on the plats hereinabove referred to is owned by the Norfolk and Southern Railway. r 3. That no inconvenience will result to any persons by reason of the said closing, vacation and discontinuance of said street or lane, and the Petitioners pray that this Honorable Council appoint Viewers as provided by law to view this street or lane proposed to be closed, and to report in writing to the Council on or before the day of 1974, whether, in the opinion of the said Viewers, any, and if any, what, inconvenience would.@ result from the discontinuance of the said street or lane heretofore described 4. That on the 2$th day of December, 1973, Notice of the pre- sent@ of this Application were posted at the Courthouse of the Circuit Court of the City of Vi.rgini.a Beach, Virginia, and on the premises to be closed, and at the City Hall Annex, lgth Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. Respectfully submitted, T. G. CHRISTOPOLOUS By@,,,6,-4zo K @AM, Courisel CKRELL k LAWLER Michael A. I@ A-...I. .1 LA@ , PICKRAL & LAWL@ NORFOLK.VA. 1020 F & M National Bank Bldg. Norfolk, Virginia 23510 IN THE MfiTTER OF CLOSIIIG, VACATING An DISCONTINUING CERTAIN STREETS OR SECTIONS F LYING IN THL VICINITY SO ST OF THE INTERSSCTION OF VIRGINIA BEACH BOUL@VARD AND INDEPENDIOCE BOLTU-VARD P E T I T I 0 N TO: THE MAYOR AND THE @ERS OF THE CITY COUNCIL OF M CITY OF VIRGINIA BFACH, VIRGINIA. Your petitioner, T. G. Christopolous, respectfully represent s as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioners apply for the vacating, closing and discontinuance of a certain street or lane, which is more particularly described as follows: All those certain streets or sections thereof, situate in the Bayside Borough of the City of Virginia Beach, Virginia, as shown on two plats one entitled " Sunnybrook, Princess Anne County, Virginia, owned by Sunny Brook, Inc., dated December, 1916, recorded at the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, page 201, hereinafter referred to as Plat A and the other entitled "Property Dedicatioxi for Columbus Street" made by the Depart- ment of Co@ity Services of the City of Virginia Beach, dated November 26, 1971, recorded at the Clerk's Office afore- said in Map Book 9 ,7, at page 33, hereinafter referred to as Plat B, more particularly described as follows, with reference to the plats aforesaid: (1) That section of Potomac Street beginning at the east side of Fourth Street, as shown on Plat A, and extending westward.ly to the west side of relocated Columbus Street, as shown on Plat B, now called (,olumbia Street, (2) That section of Cleveland Street beginning at the west side of Lot 8. Block 40, as shown on Plat A, and extending westwardly to the west side of relocated Columbus Street, as sh@ on Plat B. (3) That section of Lafayette Street beginning at the east side of 4th Street, as shown on Plat A, and extending westwardly to the west side of relocated Columbus Street, as shawn on Plat B, (4) That section of Fifth Street beginning at the south side of Virginia Beach Boulevard as shcrwn on Plat A and B and extending southwardly to the north side of Lafayette Street as shcwn on Pla-'s A and B, (5) That section of sixth street beoinning at the south side of Virginia Beach Boulevard as shown on Plat, extending southwardly to the north side of Potomac Street, as shown KE AM, on Plats A and B, KRELL LAWLER .@ LA. NORFOLK.VA. ITEM #6679 On motion by Councilman Holland, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and J, Curtis Payne Nays: None Absent: Councilmen George R. Ferrell and Floyd E. Waterfield, Jr. City Council approved the following tax refunds in the amount of $9,511.74, which was deferred from December 27, 1973: ct-@i-LificLi ft)- payrllnt, LLS cL A. Etheri(li@c.,, t Tax !YPC! D:!tc Name ation Ycar of Ta: PLid Lase alty est I;Li,iber ry @telvin llel)e, t CD .f 25) 9 1L-13-73 7.50 1973 ades George A 1973 RE Dorothy J @rOO/@,'-@) 17 1891 6-20-73 32.8- I./ 2 r, F. S. J@ 1973 PE, !@0/- 4P,26 1980 6-20-73 410.40 o -zust Dept 1/2 I\Iatl. Bani, ner Arthur J 19731 Pp 1 #83059 10-19-73 10. 5Co es Edmund L 1973, .. P, #027271. 1-990 6-6-73 ellie Parl@er 1/2 2/2 1-0 -.17 -7 3 10 3. 6 P Telephoiie 197-3 -i@ TP-@ 6-20-73 J-D773. P Telephone l@73 PS TP-9 6-20-73 .3173.55 iitm frob8@l City Council deferred a report concerning the placing of the City's liability insurance coverage. ITEM #6681 On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis,.Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and J. Curtis Payne Nays: None Absent: Councilmen George R. Ferrell and Floyd E. Waterfield, Jr. City Council authorized the engineering for the extension of water and sewer to the Doyleway area. There are sufficient funds for the design of the water and sewer. Petitions have been received from a sufficient number of residents in that area. ITEM #6682 Vice Mayor Ervin stated he talked to the owner of the Bow Creek property. The owner is willing to give Council a reasonable amount of time to prepare a proper resolution for consideration of the voters to a special referendum to cover the purchase of the property. The Vice Mayor further stated the owner is willing to go ahead with the preparation of the additional appraisal. ITEM #6683 Mr. Russell Chaplain appeared before City Council concerned about the energy crisis. Mr. Chaplain equested four things he would like to see done: 1. Request a special allocation of gas from the Federal Government to insure an ample supply of fuel for the tourist. 2. Council immediately ask Congressman Whitehurst to institute proper action to assure our tourist, when they visit Virginia Beach, that they will not have to worry about the gas shortage. 3. Write a letter to Vice President Ford commending him for recognizing the tourist industry as being as important as any other industry. 4. Advertising campaign be directed with the idea that our visitors will have ample gas to travel from our hotels, beaches, and restaurants and still be able to fill their tanks for the trip home. Mayor Cromwell stated they would look into the matter and asked the City Manager to make a report on his findings.